Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-03-25
VIEW.

As we this morning give several opin-
ions from prominent men of our State on
the Senatorial question, we give this from
Wednesdays Richmond Dispatch, which is
interesting rs showing what outside par
ties think:
A Washington letter states that Colonel
Bushrod Price, of Marshall county, West
Virginia, a member of the Senate of his
State, and one of the Democratic kickeTs
who defeated the reelection of United
States Senator Camden at the recent ses-
sion of the Legislature, says the extra ses-
sion that has been called will certainly
elect a Senator, and that its choice will
not be Mr.. Lucas. who has been appointed
Senator by Governor Wilson.
Colonel Price, who, by the way, must be
a very old man, no doubt speaks for q ma
jgrity Of the members Of the West Virginia
Legislature. 1t is not reasonable 10 sup
pose that they would be wiling to refuse
to conform to the requirements OF the Fed
eralCOnstitution whichprovides as tOU United
States Senators that If vacancies happen,
by resignation or otherwise, during the
recess of the Legislature of any State, the
Executive thereof may make temporary
appointments until the Rcrt meeting Of the
Legislature, which shall then ill such va
cancieS.'
1t is clearly the duty of the Legislature
to elect at its next meeting"-nOt at the
next regular session. The section of the
State Constitution which provides that at
an extra session the Legislature shall con-
slider only such subjects as the Governor
calls it's attention to is absolutely worth
less in the presence of the provision quoted
above from the Federal Constitution.
It is also cOntended by some that as no
United States Senator mas ever been elected
to succeed Camden, there is no vacancy"
that the Governor has a right to fill. But
this contention was, in 1879, in the case of
Mr.. Bell, of New Hampshire, decided by
the United States Senate itself to be wrong.
Chief Justice fancy was quoted in the mi
nOrity report in Mr.. Bells case, which was
adopted by the United States Senate, as
saying that the word happen" meant
happens to exist" So the Governor can
I'LL "A vacancy of that kind that happens
to exist duringa recess of the Legislature.
Butthe Governor of West Virginia has al
ready appOinteda Senator. A new question
s Will dlASC III NtcC tue Legislature IeluSeS OF
fails to elect at its extra seSSiOn-namely,
whether the term Of Mr.. Lucas expired
with the adjournment of the Legislature,
and if so whether the Governor can again
appoint; that is, whether he can appoint a
new Senator after the Legislature has had
a second chance oelect and failed TO do so,
or whether his first appointment will hold
good.
The Lucas men among the Democrats
in the Legislature do not number a dozen,
We suppose. The Republicans will not
support him. The Camden men as well
as the Republicans will vote in favor of
electing q United States Senator. The
Constitution of the United States and a
law of Congress required a Senator to be
elected. We take it for granted, there
fore, that the General Assembly will refuse
to adjourn before the second Tuesday after
its meeting, and will at least try to elects
Senator. II the task shall appear to be
hopeless, the members viii then be iusti-
fed in sdjourning without having chosen
= United States Senator.